LEGAL AWARENESS 28102018B

CJI Led Bench To Consider Ayodhya-Babri Masjid Land Dispute On Monday

The Supreme Court will consider the Ayodhya-Babri Masjid land dispute on October 29, Monday. The appeals arising from the 2010 judgment of Allahabad High Court pertaining to division of Ayodhya-Babri Masjid land is listed before the bench of CJI Ranjan Gogoi, Justice S K Kaul and Justice K M Joseph under the caption “direction matters”. Constitution Bench judgment in Ismail Faruqui case came in 1994 that “offering namaz in mosque is not an essential feature of Islam” required reconsideration. The majority of the then CJI Misra and Justice Bhushan opined that the said observation in Faruqui was not relevant in determining the title dispute of Ayodhya-Babri Masjid land. The majority held that the observations in Faruqui were made in the context of deciding the issue whether a mosque could claim immunity from land acquisition proceedings. However, dissenting from this view, Justice Abdul Nazeer held that the observations in Faruqui case influenced the High Court decision in the title suit, and hence required reconsideration by a larger bench. After declining the plea for reference to larger bench, the majority had fixed the next date of hearing as October 29.

In December 2017, a plea for postponing the hearing after 2019 Lok Sabha polls was made by Senior Advocates Kapil Sibal, Rajeev Dhavan and Dushyant Dave, on the ground that the political climate was not conducive for hearing the dispute. However, the bench of the then CJI Misra turned down the plea, after a dramatic hearing session.

It is to be noted that in 2010 the Allahabad high court partitioned the disputed land in three parts, one is in the mane of Rama Lalla Virajman (The Deity), Summi Wakf Board and Nirmohi Akhara, although none of the parties applied for partition. The impugned judgement was challenged in Supreme court.

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